Ark. Code Ann. § 23-89-405 (2026)
Subrogation of insurer making payment
In the event of payment to any person under the coverage required by this subchapter and subject to the terms and conditions of the coverage, the insurer making the payment shall, to the extent thereof, be entitled to the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of the person against any person or organization legally responsible for the bodily injury for which the payment is made, including the proceeds recoverable from the assets of the insolvent insurer.
History. Acts 1965, No. 464, § 4; A.S.A. 1947, § 66-4006.
Research References
Ark. L. Rev.
Insurance — Subrogation — Insured's Dismissal with Prejudice, 24 Ark. L. Rev. 573.
U. Ark. Little Rock L.J.
Note, Insurance — Subrogation — A Subrogation Clause in a Health Insurance Policy is Enforceable Even Though the Insured Has Not Been Made Whole. Higginbotham v. Arkansas Blue Cross & Blue Shield, 312 Ark. 199, 849 S.W.2d 464 (1993), 16 U. Ark. Little Rock L.J. 475.
Case Notes
Joinder of Third Parties.
The plaintiff in an action to enforce an uninsured motorist clause against his insurance company cannot be compelled under this section or § 16-61-207 to join as third party defendants the alleged tortfeasors, although the defendant insurance company may make the alleged tortfeasors defendants by cross-complaint. Home Ins. Co. v. Williams, 252 Ark. 1012, 482 S.W.2d 626 (1972).
Set-Off.
Trial court erred in denying insurer's motion for a set-off for the medical expenses paid to insured where, even though the underinsured motorist coverage extended to damages for the bodily injuries that insured sustained, the jury did not know — and had no reason to infer from the proof at trial — all or any part of insured's medical expenses had already been paid by insurer under the medical payments provision of his auto policy; in addition, where part of the money received from the tortfeasor's insurer went to subrogate insurer, but that left $5,401.42 for which it was not subrogated, to allow insured to recover a verdict that included the cost of those medical expenses that had already been paid by insurer would leave insured with a double recovery contrary to the equitable principle of subrogation. State Farm Mut. Auto. Ins. Co. v. Rose, 52 Ark. App. 175, 916 S.W.2d 764 (1996).
Subrogation in Advance.
Where plaintiff's injuries were caused by the actions of joint tortfeasors and one tortfeasor paid $10,000 to plaintiff and his insurance carrier, the payment amounted to the collection of subrogation in advance and satisfied the liability under the uninsured motorist provision of the policy since it is clear that if the insurance carrier had paid plaintiff pursuant to the terms of his uninsured motorist coverage it would have been entitled to subrogation under this section. Black v. Farm Bureau Mut. Ins. Co., 272 Ark. 406, 614 S.W.2d 937 (1981).
Subchapter 5 — Amusement Ride and Amusement Attraction Safety Insurance Act
Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.